文档介绍：试论“刑”、“法”、“礼”、“律”四字体现的先秦法律文化
【内容提要】本文选取四个与法律密切相关的汉字“刑”、“法”、“礼”、“律”,对这四个字的造字源初、如何成为法律语词及它们的相互关系进行分析,由此探寻它们所体现的先秦法律文化,从中窥探古人的思维特点和古代的生活场景,并由此对先秦法律文化的脉络作一番梳理。“刑”字最初用棺形表示死刑,后来棺形讹变为井形,成为声符,“刑”字也由表示极刑而泛指一切刑罚。“灋”字中“廌”为义符,与后世传说中的“豸”同音通假,体现了原始社会神判法的痕迹。“禮”的本字是“豊”;礼与西周宗法制结合,形成涵盖面极广的社会规范体系,借助“刑”对社会进行有效的管理。“律”的本字是“聿”;战国末期,“律”字应用于法律领域,既是本身意义的发展,也与当时成文法的完善密切相关。中国古代法律条文的名称经历了“刑”-“法”-“律”的沿革,体现了法律条文由抽象→具体,由笼统→系统的演变。
【关键词】刑法礼律法律文化
[Abstract] This thesis is trying to probe the culture meaning through Chinese characters. It chooses four Chinese characters closely related to law. They are “刑”、“法”、“礼”、“律”. Through the analysis of their original word-formation, how to e the law phraseology and their each other’s relationship, the thesis explores the reflected ancient Xian Qin law culture, searches the ancients’ thought characteristic and ancient life screen and further anizes the thread of the law culture of the ancient Xian Qin. “刑” first appears in Bronze Inscription, at the very beginning, death penalty was expressed by “”,and then it turned into “井” as the ic symbol, therefore the meaning of “刑” has changed from death penalty into all kinds of penalties. As for “灋”character, the inner“去” is the ic symbol, “水”and “廌”are semantic indicators;“廌” and “豸” in the aftertime legend are homophonies. It means the deity beast settling lawsuits in the legend, which shows the trail of original society god judgments. The original character of “禮”is “豊”. Until West Zhou Dynasty, the courtesy bined with the law, which formed the society criterion system with profound influence. But still the “刑” should be assisted to make effective management of the society. The original character of
“律” is “聿”. In the ancient characters, “聿”is like the shape of catching the pen by hand, which has something related to the later “律” meaning of law documents. In the end of Warring States Period, “律” was used in the field of law. It results from the development of the character’s own meaning, and it also has somethi